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Lawskills.com Georgia Caselaw
PEELE et al. v. DOBBS.
A90A0777.
BANKE, Presiding Judge.
Negligence. Cobb Superior Court. Before Judge Cauthorn.
After their home was damaged by a chimney fire, the appellants filed the present action against the seller of the property, the builder the subcontractors involved in the installation of the chimney, and the appellee herein, who, as the Cobb County Building Inspector, is alleged to have been negligent in inspecting and approving the construction of the chimney. Subsequent to the filing of the suit, the appellants settled their claims against all the defendants except the appellee and one of the subcontractors. They bring this appeal from an order granting summary judgment to the appellee based on the defense of official immunity. Held:
" '[W]here an officer is invested with discretion and is empowered to exercise his judgment in matters brought before him, he is sometimes called a quasi-judicial officer, and when so acting he is usually given immunity from liability to persons who may be injured as a result of an erroneous decision; provided the acts complained of are done within the scope of the officer's authority, and without willfulness, malice, or corruption.' " Hennessy v. Webb, 245 Ga. 329, 330-31 (264 SE2d 878) (1980).
Wright, 260 Ga. 206 (392 SE2d 235) (1990). See also Trianon Park Condominium Assn. v. City of Hialeah, 468 S2d 912 (Fla. 1985).
Webb, Kicklighter & Casey, Kris K. Skaar, Adele P. Grubbs, for appellee.
Barry L. Zimmerman, for appellants.
DECIDED SEPTEMBER 4, 1990.
Friday January 9 03:48 CST


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